Author: Vincent TILMAN
N0:4 of 2005
Mediation is a dispute resolution technique essentially based on agreement. The parties and their counsel engage in a voluntary process to find the best possible settlement with the help of a third party, the mediator. This principle of mutual agreement is nevertheless being put into question. Recently, English and French judges have sentenced parties for not having gone to mediation first, and the Italian legislator has issued a decree obliging the parties to resort to mediation in company matters.
This article analyses the reasons for such a change in a European context where a directive on mediation is being prepared.